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(UPDATE) Apparently there was an issue with respect to who was a party to the litigation and which lawyers could make submissions on the appeal. One of the litigants has died and another decided against proceeding. So the issue was who should be there to make submissions.
We have now been told that the matter is set to proceed on Tuesday March 19, 2013.
As we indicated in our earlier post, there are so many legal issues in the IRP scheme (go back and read our blog for details) that it's a mess to sort out.
The appeal of the scheme was set...

It's a bad system to be punishing people on the basis of roadside breath testers.
That's the message that we've been trying to get out ever since the Immediate Roadside Prohibition / IRP scheme was introduced. Last week it hit the newspapers that a huge number of the IRPs that were revoked in December 2012 were in fact revoked due to unreliable breath samples. We can take the credit for this. Most of the review decisions simply say that "I am not satisfied that the ASD used in your case was reliable." In many cases the lawyer or person who succeeded...

We have been unusually busy in our office for the last few weeks and consequently there have been fewer blog posts. Sorry about that. Thanks for sticking with us.
There have been a number of interesting developments concerning Immediate Roadside Prohibitions in the last week. First, about the interlock:
Interlock and "Remedial" Programs:
As expected the OSMV hasn't responded to requests to reconsider the original automatic referral to the so-called remedial programs, i.e. interlock and Responsible Driver Program, for people who received 90-day IRPs. So today we are filing the first of a number of Petitions for mandamus orders to compel the OSMV...

As we've noted before, the police are always the first to advocate for a police state. And as we've noted before, the IRP scheme is a long step down that slippery slope toward a society governed by the police rather than governed by law.
Emboldened by their power to issue IRPs (on crappy evidence) and seize vehicles on a mere allegation of excessive speeding, the police have now started to warn us about their next move. They want to take your cell phone if they think you were using it while your car is in gear. On the mere allegation of...

This is a great title for an editorial: Clark's B.C. Liberals are circling the drain. Poll numbers show that the BC Liberals have fallen well behind the NDP even before the recent ethnic strategy scandal. And as a result many pundits are predicting the end of the Government, i.e. the BC Liberal Government. At the same time the pundits are also hedging their bets because things can change quickly in an election.
We think that the NDP will take the election (about 9 weeks away) simply because the BC Liberals have been so arrogant. Rather than thinking about good public policy,...

10. Judge, jury, executioner.
Although this is a common complaint, the police have no discretion under the law. So in a sense there is no judge or jury.
9. Punishment long before any hearing.
Most people are prohibited for 21 days or thereabouts before they get a decision from the tribunal. So in essence you are sentenced before your hearing.
8. Charter Rights not protected.
The OSMV tribunal doesn't grant remedies for violations of Charter Rights so the police know they can disregard your rights without fear of consequence.
7. No indication of what the blood-alcohol level might have been.
The ASDs used in BC don't tell...

In May 2012 when the legislation was introduced we told you about the new traffic ticket process in BC and some of our concerns. We're worried about it.
It appears to us the BC Government is trying to legislate out your Charter Rights, remove your right to face your accuser, and take away their obligation to prove alleged traffic violations beyond a reasonable doubt. Under the new law you cannot cross examine the police officer, you cannot compel the police to provide you with further disclosure so that you can make full answer and defence to the accusation and you cannot...

As our society inevitably changes, new legal issues arise. When texting while driving became more and more common, the police started giving out tickets for Driving Without Due Care and Attention to texting drivers. This was happening long before there was legislation regarding using an electronic device while driving. Because of new technology, the police in BC adapted by using the laws that fit. The police were reacting to change.
The police were well ahead of politicians who generally work for the reward of more votes. With smart phones a technological change caused a change in driving behaviour that was met...

When the Government finally agreed not to compel the 1137 people who were the subject of our court challenge to complete the Responsible Driver Program and get an Interlock, they also said that they would reimburse those people for the money they'd paid toward those programs. We're now bringing a court challenge to ensure nobody else is forced to go through these programs unless it can be justified on the basis of their driving record. We think that we'll succeed (or we wouldn't do it) but the big question is whether you'll be getting your money back for the Interlock and...

If you've followed the news and our blog, you know that our challenge to the ignition interlock and RDP requirements led to 1137 people being freed so far. The remedial requirements are discretionary according to the Motor Vehicle Act, the decisions of the ICBC OSMV tribunal and the deputy Superintendent. But the Office of the Superintendent of Motor Vehicles ordered everyone since September 20, 2010, to go through these so-called remedial programs.
We think that either the Government wrote the law this way to try and deceive the Court when it came to argue Sivia, or the OSMV was going rogue,...

Acumen Law Corporation is a Vancouver Criminal Law Firm with its head office in downtown Vancouver, as well as law offices beside the courthouse in Richmond, in downtown Victoria and just off the Fraser Highway in Surrey, British Columbia.

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Sometimes you may find yourself in difficult situations and not be able to defuse the situation without going to court.